Exemptions and Variations to Foster Carer Approval
Scope of this chapter
Please note that applications for exemption in relation to foster carers living in a different local authority area must be made to the Designated Manager for Exemptions in the local authority where the foster carer lives.
Related guidance
A person may not foster more than three children in each foster home except where all the children are siblings.
In all other circumstances, foster carers may only exceed this number if an exemption has been agreed.
Applications for an exemption will usually be made because of the following exceptional circumstances:
- The child concerned was previously placed with the foster carers and has a positive, pre-existing relationship;
- The foster carers have special skills to meet the child's needs which are not available elsewhere;
- Moving into the identified foster family is the most appropriate way of meeting the child's needs arising from disability, race, religion, language and/or culture;
- Moving into the family will enable siblings to remain together.
Applications can only be made with the agreement of the foster carers concerned. When considering an exemption the following factors should be regarded.
- The number, ages and circumstances of the children concerned;
- The arrangements proposed for the care and accommodation of the children concerned;
- The relationship between the foster carers and the children concerned;
- The period of time over which the child is likely to need to live with the family;
- The likely effect on the children concerned and any other children living in the household;
- The foster carers' capacity to provide sufficient care for all the children in the placement;
- The need to safeguard and promote the welfare of the fostered children / young people and any other children / young people who live in the foster home
The need for an exemption will be identified at the point when the duty fostering social worker is seeking to identify a suitable foster family for a child or children.
Where a foster carer is identified as the most appropriate option to meet the child's needs, and this is agreed by the supervising social worker for the carers and the foster carer, the duty social worker should consult with the manager and if agreed prepare an application for an exemption.
The social worker(s) to any other child looked after by the carers should also be consulted in order to seek their views on any impact (positive or negative) from a further child moving into the family.
All applications for planned exemption for foster carers living in the local authority area must be made in writing, supported by reasons, to the Designated Manager (Exemptions and Extensions from Fostering Limit) for approval. Where the foster carers live in a different local authority area, the application must be made to the manager of the fostering service for that area. The written application will be prepared by the supervising social worker for the foster carers in conjunction with the relevant child's social worker.
The decision whether or not to grant an exemption will be recorded in writing, together with reasons. Any exemption will be specific to a child or children and can be subject to conditions. The foster carer will be notified in writing of the decision.
Upon the granting of an exemption, a time limit will be specified and an exemption can only extend beyond that date if the Designated Manager for the relevant local authority area authorises it.
The decision must be recorded as a management oversight case note on the carers’ record. The exemption request should be uploaded as a document onto the carers’ document tab.
The decision will be reported to the next available Fostering Panel for noting.
The Duty Manager for the Out of Hours Service can agree for a child to be placed in a foster home above the usual limit in an emergency i.e. without the agreement of the Designated Manager (Exemptions and Extensions from Fostering Limit). This agreement will only last until the next working day.
An application for exemption beyond the next working day must then be made to the Designated Manager (Exemptions and Extensions) and any such emergency exemption needs to be presented to the next available Fostering Panel, as with planned exemptions.
Please see: Exemption Form.
An interim decision by the Designated Manager (Exemptions and Extensions from Fostering Limit) may be necessary pending full consideration of the exemption.
As with 3.1, the emergency and interim approval can only be given by the local authority for the area where the foster carers reside. Depending on the local authority involved, there may be arrangements in place for a Duty Manager within the local authority to agree an emergency or interim exemption. If such arrangements exist, an application for an emergency or interim exemption must be made to the relevant manager in line with their procedures. Otherwise an emergency exemption cannot be granted.
Any emergency or interim decisions to grant an exemption must be confirmed in writing and copies of the decision, together with the reasons, must be placed on the child's file and the foster carer's case record. A copy must also be sent to the foster carer.
The decision must be recorded.
The FIRO/ Fostering Panel will be responsible for the ongoing monitoring of the exemption at the next review.
The FIRO is responsible for recording the ending the exemption when the exemption is no longer required.
All children living with foster carers must be of a number, age and gender that is consistent with their foster carer's terms of approval, i.e. if a carer is approved to care for 2 children age 0-10 they are only registered to care for 2 children of this age range.
If a carer is identified for a child that is a different age or gender than that specified by the terms of approval, or if the plan is for the foster carer to care for more children than they are approved for, then a change to the carer’s terms of approval will be required. Where possible this should take place in a planned way at a foster carer review chaired by a Fostering Independent Reviewing Officer (FIRO). Please note the exemption process should be followed if the plan is for the foster carer to care for more than 3 children.
If the child needs to move into the foster family before the ADM has agreed a change of approval, a request can be made for a variation of the carer’s approval which will enable the child to be placed with the carers for up to 6 working days.
All requests for temporary variations must be requested and agreed before a decision is made to match a child with a carer and should be made using the Liquid Logic form Foster Carer Recruitment Application for Variation and must be sent to the Agency Decision Maker (Fostering).
Variations should be presented to the next available Fostering Panel for noting.
Last Updated: May 1, 2024
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